Claim OwnershipThe Labor & Employment Podcast
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The Labor & Employment Podcast is an award-winning biweekly Barclay Damon Live presentation that keeps you updated on all things employees. Our Barclay Damon hosts and their guests discuss state and federal anti-harassment and discrimination laws; wage and hour and misclassification audits; onboarding, disciplining, and offboarding employees; enforcing restrictive covenants; and other topics of interest to employers.
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In this ongoing, in-depth conversation, Lee Jacobs and
Rosemary Enright get further into “the minutia” and related topics of employee onboarding. In part 3, they cover the importance of job applications and descriptions, offer letters, and employment agreements—once again emphasizing customizing to the organization’s specific needs. They also discuss contracts and agreements, hospitality tips and tip pooling, uniform acknowledgments, direct deposit, cashless bans, the New York City commuter benefits form, training and certificates, and notices and posters. If you’re following along, stay tuned for future episodes on topics like offboarding and the right time and way to conduct workplace investigations.
In this in-depth conversation, Lee Jacobs and Rosemary
Enright get into “the minutia,” covering the importance of using the correct forms and documents during the employee onboarding process. They emphasize the potential legal consequences of not providing the wage acknowledgement form, among other forms, and the importance of ensuring compliance with relevant laws and regulations.
In this episode, Lee Jacobs and Rosemary Enright discuss many aspects of employee onboarding as well as related topics like job postings, applications, interviews, and more. Regarding onboarding, they emphasize setting the right tone from day one, cover the difference between onboarding and orientation, and highlight the legal requirements and potential pitfalls of the process. To be effective, Lee and Rosemary say, onboarding must be tailored to each specific business. In this wide-ranging conversation, Rosemary and Lee also touch on document storage and paper versus electronic documents, onboarding high-level employees, accommodations, and best practices. Look for more episodes soon on related topics.
Resources for this episode:
Federal Poster Requirements
New York State Poster Requirements
New York City Poster Requirements
New York Department of Labor
Lee Jacobs and Rosemary Enright discuss updates for 2024 for employee handbooks, covering topics that include policy changes around sexual harassment, paid family leave, lactation accommodation, marijuana
testing, electronic monitoring, and height and weight discrimination. They also touch on artificial intelligence in hiring decisions. Lee and Rosemary emphasize the importance of updating employee handbooks to ensure compliance with New York State and New York City laws as well as of providing employee training and resources to promote a safe and inclusive work environment.
In the first of a two-part conversation, Lee Jacobs and Rosemary Enright cover the basics of employee handbooks, emphasizing the importance of customizing your organization’s handbook rather than relying on a generic one. They touch on the need to update handbooks annually, and they highlight key policies that should
be included in handbooks, like those involving employment at will, drug and alcohol-free workplaces, and EEOC statements. Additionally, Lee and Rosemary discuss the importance of disability policies and the inclusion of required forms and acknowledgments. Be sure to tune in to Part 2, when Rosemary and Lee will address updates for 2024.
Welcome to Season 3 of the Labor & Employment Podcast and the first episode recorded in Barclay Damon Live’s new state-of-the-art podcast studio! With regular host Ari Kwiatkowski out on maternity leave, her Barclay Damon colleagues Lee Jacobs and Rosemary Enright have stepped in to continue the conversation until Ari returns this spring. In this episode, Lee and Rosemary discuss important changes related to minimum wage in New York State, covering minimum wage increases, overtime eligibility, exemptions, and penalties for noncompliance. They also touch on the Wage Theft Prevention Act and the importance of providing accurate wage statements. Stay tuned for a new episode soon that will dig into employee handbooks.
In episode 66 of Barclay Damon Live: Labor & Employment Podcast, host Ari Kwiatkowski offers a solo overview titled “Breaking Down the New PWFA Regulations,” regarding the Pregnant Workers Fairness Act. Ari notes that the PWFA requires employers to provide
accommodations to workers’ “known limitations related to pregnancy, childbirth, or related medical conditions absent undue hardship.” The new regs extend those accommodations to applicants as well, specifying that it’s the worker or applicant’s responsibility to communicate any limitations. The new regulations include examples of “related medical conditions,” which are helpful to understand what employers must consider. Listen in for more.
In episode 65 of Barclay Damon Live: Labor & Employment Podcast, “Order Up! Hot Tips for Employers in the Hospitality Industry, Part 2,” host Ari Kwiatkowski welcomes her Barclay Damon colleague Lee Jacobs back. In Part 1, they discussed topics that included minimum wage, overtime, frequency of pay, and on-call and call-in pay. In this episode, they dig into New York State’s Wage Theft Protection Act. It’s a big deal! Lee alerts all employers, especially those in the hospitality industry, to comply with the act from the start. If not, there could be serious fines and penalties. “Hard stop,” as Lee says. Listen in now for more.
In episode 64 of Barclay Damon Live: Labor & Employment Podcast, host Ari Kwiatkowski welcomes her colleague Lee Jacobs back for an informative discussion about the intricacies of New York’s Hospitality Wage Order, which governs the state’s restaurant and hotel industries. Lee describes what some of the pitfalls are for employers—even those with the best intentions—when it comes to wages, pay frequency, accurate paperwork and accounting, what constitutes overtime, and more. Listen in now, and tune in next time for a deeper dive into New York State’s Wage Theft Protection Act.
In episode 63 of Barclay Damon Live: Labor & Employment Podcast, host Ari Kwiatkowski welcomes Barclay Damon New York City–based partner Lee Jacobs. Lee and Ari point out that New York City rules tend to be more employee friendly than rules in many other areas, and currently some of the most stringently watched areas of potential discrimination involve height and weight, caregiving, employment status, and victims of sexual violence, domestic violence, and stalking. They’re hot buttons for employers. The best way to avoid problems? Don’t let them start in the first place. Listen for more, and then watch for a new episode where Lee and Ari discuss hospitality-industry issues.
In a groundbreaking crossover episode of Barclay Damon Live: Labor & Employment Podcast, host Ari Kwiatkowski welcomes her colleague Kevin
Szczepanski, the host of Barclay Damon Live: Cyber Sip™, to discuss “Cybersecurity Basics for Employers.” Kevin, who is also co-chair of the firm’s Data Security & Technology Practice Area, gives an overview of this crucial topic, including covering employee training to help thwart phishing attempts. Kevin also shares his top three related policies to have in place, which involve information security, access control, and incident response. He also touches on expanding laws and regulations, insurance coverage, and a lot more, so listen in.
Welcome to Barclay Damon Live: Labor & Employment Podcast, “Untangling the Web of Leave Issues Under ADA, FMLA, and Related Laws, Part 2.” In this continuing conversation, Barclay Damon partner Scott Rogoff joins host Ari Kwiatkowski to talk about what employers need to know considering the myriad types of employee leaves available. Ari and Scott also use a recent scenario they experienced to explore the Americans With Disabilities Act, or ADA, including who qualifies, what constitutes “reasonable accommodations,” and how the process works. Listen in for more.
Join host Ari Kwiatkowski for the latest episode of Barclay Damon Live: Labor & Employment Podcast. In this episode, Ari welcomes back her colleague Scott Rogoff to parse the statutes, laws, regulations, and issues involved with employee leave. As we all know, life happens—and it happens to employees, who then often need to take time off from work. Regardless of when the employee notifies their employer that they will be out, it’s important for the employer to know what type of leave should be used and when to apply it. This can be challenging. Dive in with Ari and Scott as they begin to untangle FMLA, concurrent leaves, the New York State and federal laws, worker’s comp, and more. And join them for the next episode, when they will turn their focus to ADA and related leave types.
Here’s a quick installment of Barclay Damon Live: Labor & Employment Podcast, “Update Alert: Key Takeaways from the New NYS Model Sexual Harassment Prevention Policy.” In episode 58, host Ari Kwiatkowski runs down changes to the new policy, which has been conveniently posted on the state’s website, ny.gov. Finalized in April 2023, adopting the model policy is not required, but, says Ari, since it’s so easily available (and thorough), why not use it? A few key differences in the new policy are its suggestions of bystander intervention, and, considering new remote and hybrid work situations, broadening the locations and times when harassment can occur. Listen in for more important info.
In episode 57 of Barclay Damon Live: Labor & Employment Podcast, host Ari Kwiatkowski welcomes her Barclay Damon colleague Art Marrapese to discuss medical plan coverage during a leave of absence from work. Tune in to hear a breakdown of the types of leaves employees can take under federal and state laws like the Family Medical Leave Act and the New York Paid Family Leave, where ERISA comes in, and some of the circumstances around protected and non-protected leaves, especially around health coverage issues. Art and Ari emphasize that employers can stay ahead of the game by having their plan documents and summary plan descriptions well organized so that employees know their rights. They also dig into COBRA rules and more, so listen in.
In episode 56 of Barclay Damon Live: Labor & Employment Podcast, host Ari Kwiatkowski talks with Peter Rahbar of the Rahbar Group. He’s an attorney with broad experience in workplace issues, which he brings to the conversation. Starting off with a definition of the phenomenon, Peter asserts that it’s not new, though the phrase “quiet quitting” may be. Essentially, it refers to employees doing the bare minimum to get by in their jobs—without actually quitting. To combat it, he suggests clients (and listeners) communicate early and often to avoid many circumstances that can lead to quiet quitting. Listen in for more on this timely topic.
In episode 55 of Barclay Damon Live: Labor & Employment Podcast, host Ari Kwiatkowski welcomes workforce wellness and cultural alignment expert John Robertson to discuss resolving intergenerational conflicts in the workplace. In a bit of a departure from Ari’s usual legal focus, she and John explore workplace relations, discussing some common situations that arise and offering practical, actionable information for listeners. John’s background combines an earlier religious vocation with a psychology degree; his experience brought him to crisis intervention, counseling, and conflict resolution. Ari and John talk about the melding of (and differences between) generations and cultures in today’s workplace. Let’s dig in.
In episode 54 of Barclay Damon Live: Labor & Employment Podcast, host Ari Kwiatkowski gives an update on changes to both federal and New York State law in “New Laws Pump Up Protection for Nursing Employees.” The federal PUMP (Providing Urgent Maternal Protections for Nursing Mothers) Act will go into effect in April and expand accommodations and protections for employees who need to express breast milk when they return from any maternity-related leave. Ari digs in so employers and employees will know what to expect. You can also find more info on the Department of Labor website; updated guidelines are forthcoming. Ari then covers recent changes to New York State law that also expand protections in this area. Listen in for details.
It’s episode 53 of Barclay Damon Live: Labor & Employment Podcast, hosted by Ari Kwiatkowski. Listeners will get the early scoop on what is known so far about this new federal antidiscrimination law that provides guidelines for employers and information for employees. Hear Ari speak about how the Pregnant Workers Fairness Act (PWFA) fits in with, and differs from, other federal antidiscrimination statutes, like the Americans With Disabilities Act and Title VII. Basically, it requires covered employers to provide reasonable accommodations to pregnant workers due to pregnancy, childbirth, and related medical conditions. The law, enforced by the EEOC, will be in effect around mid-June of this year, so listen to get some early examples of how the PWFA may affect your business or workplace.
It’s episode 52 of Barclay Damon Live: Labor & Employment Podcast.This week, host Ari Kwiatkowski welcomes back her colleague Rosemary Enright, partner and Labor & Employment Practice Group leader. In their fast-moving conversation, Ari and Rosemary share an overview of potential updates to employee handbooks as well as updates to the law and related issues. Two main two developments employers may want to note are 1) a minor change to the New York Paid Family Leave and 2) expansion of the lactation accommodations that employers are required to provide for nursing parents.Listen in too for tidbits about pandemic-related topics like the continued need for COVID-19 vaccination leave, the HERO Act, work-from-home policies, and more.
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